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Minister/Clergy Tax


Clergy tax also known as minister tax raises some interesting questions for the church...



Is the church required to hold out federal and state income tax from a minister's paycheck?

How about Social Security and Medicare taxes? Is the church required to match the FICA tax?

A clergy's tax situation is unique and as church administrators residing in the United States, it is imperative that we know the IRS's tax laws regarding minister or clergy's tax before we write that first paycheck.

But first and foremost.....

Who is considered a clergy or minister for tax purposes?

minister's paycheck In order to be classified a clergy for tax purposes, a minister must satisfy all five separate tests:

  • Be licensed or ordained

  • Administer the sacraments of the church (weddings, funerals, baptisms, and communion, etc...)

  • Be considered a religious leader by the church

  • Conduct religious worship

  • Have management responsibilities in the church

The Pastor is almost always considered a clergy for tax purposes.

Do clergy receive special tax treatments?

Yes and No. Clergy receive special tax treatment for the following three topics:

  • Ministers pay their own self-employment tax.(Even though ministers can be considered church employees, they are treated as self-employed for Social Security and Medicare tax purposes.

  • Ministers can receive a Housing Allowance and/or live in a church provided parsonage. (The value of both of these are excluded from a minister's calculation of income tax...but still subject to self-employment tax)

  • Churches cannot withhold Social Security and Medicare tax from a minister's paycheck.

What is self-employment tax?

clergy tax The self-employment tax consists of 12.4% for Social Security and 2.9% for Medicare (15.3% combined).

Unlike non-minister employees, the church cannot withhold half of the Social Security and Medicare tax from a minister employee’s paycheck and does not have to match any FICA tax as none is held out.

Instead, a minister employee is responsible for paying his own self-employment tax. As a result, the minister employee actually pays twice as much Social Security and Medicare as a non-minister employee.

In most circumstances the amount of the minister’s income that is subject to the self-employment tax includes the base salary, the housing allowance, and the fair rental value of church provided housing, if any.

An example of what a minister could expect to pay in self-employment tax :

32,000 (base salary) plus and an additional $14,400 (housing allowance)= $46,400 times 15.3% =$7048 (Note: This amount does not include the minister's income tax)

Can a clergy opt out of social security?

Yes. But he must do it by the second year in which he earned more than $400 of ministerial income. IRS Form 4361 must be used and it must be filed on the correct basis of religious belief. If approved by the IRS, only earnings from ministerial services are exempt from self-employment tax. Form 4361 indicates that once the exemption is approved, you cannot revoke it.

Can a church withhold tax for the clergy?

Yes. The church can withhold income tax, but not Social Security and Medicare tax.

A minister is responsible for paying the Social Security and Medicare tax himself. He can pay this tax by making quarterly estimated tax payment, or by requesting the church to hold out extra income tax.

The minister who is considered a church employee must complete a form W-4 and request that a specific amount be withheld from each paycheck.

For example, if a minister estimates that his combined income and self-employment tax for the year will be $9600. He can request that the church withhold $800 of income tax from each month's paycheck.

Even though the minister can only elect withholding of income taxes, he can use these tax payments against both income and self-employment tax since they are added together on his personal income tax return (Form 1040).

Vickey Boatright, EzineArticles.com Basic PLUS Author

*Important: You cannot withhold taxes from ministers' pay without the minister's authorization. Ministers are exempt from income tax withholding whether they report their income taxes as employees or self-employed; ministers who report their income taxes as an employee can request voluntary withholding by submitting a Form W-4 to the church.

Ministers face unique tax situations!

Do you have a question or comment regarding clergy taxes? Take a moment to submit your question or comment below. It is quick and easy. There is no registration or login.

Also, please look at the submissions below this form and see if someone has already answered your particular question or maybe you would like to take a minute to comment on one of the questions and comments below.

We are all facing a lot of the same issues and need each other..so help and be helped here:

New Policy: Most of you know my husband has been newly diagnosed with stage IV Colon Cancer. See our story on this page.

With all of the doctor appointments, my regular 40 hour a week job, and trying to keep up with the housework, meals, etc....I just do not have time to try to answer every question myself immediately.

So...I am going to post your questions and comments daily (without trying to answer each one myself). I found out while my husband was in the hospital that there are some wonderful people out there that are more than willing to help answer questions and comments. Some of them are even smarter than me :-)

If by the weekend--when things slow down a little for me--I see that there are any questions or comments not answered, I will try to answer them to the best of my ability.

Thank you for your understanding and your prayers. Vickey

Questions and Comments on Clergy Taxes

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What Other Visitors Have Said

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Answer ...

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Answer

I found this on About.com "Understanding Form W-2:

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The comments above are for general information purposes only and do not constitute legal or other professional advice on any subject matter. See full disclaimer.

Additional Resources

A good resource to read is Publication 517 "Social Security and Other Information for Members of the Clergy".

Another good resource is this article: "How do we report the gifts the church provides to volunteers?" It will tell you how to handle those gifts you gave your minister and staff.

This article will answer the question about whether you issue a W-2 or 1099MISC to your ministers. "You Be The Judge: Payroll Tax Mistakes"

Return to home page from "Clergy Tax."


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